Legal Question in Criminal Law in California

Re: Domestic Violence Homicides

I appears from your question that you are doing some sort of a study on the subject of domestic violence. So my answer is directed toward that goal.

There are various statues throughout the United States that govern the levels or degrees of homocide. I'm not aware of any instance in which domestic homocide is treated any differently. It's either 1st or 2nd Degree Murder (in some States this may be called Capital Murder), or Voluntary or Involuntary Manslaughter in the order or severity of the crime. Actually the names of the crimes charged, and subsequently convicted of, which determines the punishment.

If the defense puts on evidence of self defense, requests of the judge, and receives a jury instruction (or more than one) on self defense; and the jury buys it. Then the defendant is found not guilty.

However, if the jury doesn't buy the defense of self defense. And either the prosecution or the defense have requested, and the judge has granted a jury instruction(s) to give the jury the option of finding a lesser included offense. Then the evidence of self defense may go to convincing the jury that the crime is one of say Manslaughter. Say the D. A. is seeking a conviction for 2nd degree murder, and the judge permits a jury instruction (requested by either side) instructing on a lesser included offense. And the jury buys it. Then the jury may find the defendant guilty of say Voluntary Manslaughter.

For information on sentencing of domestic violence cases, you have to review all the homocide convictions, and determine what the facts were. This may have already been done by NOW or the ACLU or some other person, or organization. I believe there is a Web Site that carries numerous studies and thesis that may have covered this area. I'd surf the Web to see what information I could come up with. Sister Helen, the author of 'Dead Man Walking,' may be of some help. She is very knowledgable in the area of death sentences nationally. I heard her speak a couple of weeks ago at a local church in Orange County California. Her last name is on her book. She can probably be reached through her publisher. Her current residence is in New Orleans. She was residing in a Public Housing Project. Although she may now be back in her convent.

Lots of luck -